KIBLER v. FRANK L. GARRETT & SONS, INC.

No. 39024.

73 Wn.2d 523 (1968)

439 P.2d 416

WILLIAM F. KIBLER, Appellant, v. FRANK L. GARRETT & SONS, INC., Respondent.

The Supreme Court of Washington, En Banc.

April 4, 1968.


Attorney(s) appearing for the Case

Freise & Jones, for appellant.

Williams & Golden, by Eugene T. Golden, for respondent.


ROSELLINI, J.

This action on a contract was dismissed at the close of the plaintiff's evidence, the trial court finding, although it had not been pleaded, that there had been an accord and satisfaction. The plaintiff has appealed.

The facts are these: The plaintiff was hired by the defendant to harvest his wheat crop. There was no agreement on the price to be paid. According to the plaintiff's evidence, he told the defendant that, if the wheat crop proved...

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